Part 3Below is a scholarly yet readable expansion, focused purely on classical Islamic jurisprudence, how the four Sunni schools understood this rule, where they agree, where they differ, and why none of them intended cruelty.No filler. No emotional manipulation. Just solid fiqh with context.Orphaned Twice?Classical Islamic Scholar Opinions on a Grandchild’s Inheritance When the Father Dies Before the GrandfatherWhy Classical Opinions MatterIslamic inheritance law (ʿIlm al-Farāʾiḍ) is one of the most mathematically precise and least disputed areas of Islamic

Part 3

Below is a scholarly yet readable expansion, focused purely on classical Islamic jurisprudence, how the four Sunni schools understood this rule, where they agree, where they differ, and why none of them intended cruelty.

No filler. No emotional manipulation. Just solid fiqh with context.

Orphaned Twice?

Classical Islamic Scholar Opinions on a Grandchild’s Inheritance When the Father Dies Before the Grandfather

Why Classical Opinions Matter

Islamic inheritance law (ʿIlm al-Farāʾiḍ) is one of the most mathematically precise and least disputed areas of Islamic jurisprudence.

Unlike many legal topics:

Inheritance rules are directly rooted in the Qur’an

Scholars did not legislate emotionally

They interpreted text, structure, and legal logic

Therefore, to understand the rule about orphaned grandchildren, we must ask:

How did the earliest and most authoritative scholars understand it?

Foundational Legal Principle Accepted by All Schools

All four Sunni schools agree on one fundamental rule:

Inheritance is determined only at the moment of death, and only living heirs can inherit.

This principle is derived from:

Qur’anic language

Prophetic practice

Companion consensus (ijmāʿ)

There is no classical disagreement on this foundation.

The Concept of Ḥajb (Exclusion)

A key concept in Islamic inheritance law is ḥajb.

Definition:

Ḥajb means:

The exclusion of a more distant relative by a closer living relative.

Examples:

A son excludes a grandson

A father excludes a grandfather

A brother excludes a nephew

This concept is unanimously accepted across Sunni jurisprudence.

Hanafi School Opinion

Position:

If the father dies before the grandfather:

The grandchild does not inherit

The grandfather’s living sons become residuary heirs (ʿaṣabah)

The grandson is excluded by ḥajb

Reasoning:

Hanafi jurists argue:

Inheritance cannot be based on “what would have happened”

A deceased person has no legal continuity

Hypothetical shares are legally meaningless

Important Hanafi Ethical Note:

While legally excluded, Hanafi scholars strongly recommend:

Wasiyyah (will)

Lifetime gifts (hibah)

Failure to do so is considered morally blameworthy, though not legally punishable.

Maliki School Opinion

Position:

The Maliki school agrees fully with the Hanafi ruling.

Key points:

The grandson is not a Qur’anic heir

Nearness (qarābah) is based on living links, not lineage memory

Legal certainty takes priority over emotional discretion

Ethical Emphasis:

Maliki scholars placed extra moral weight on:

Caring for orphans

Preventing family injustice

Avoiding legal loopholes that harm the weak

In Maliki thought:

What is legally valid may still be spiritually dangerous.

Shafi‘i School Opinion

Position:

The Shafi‘i school also excludes the orphaned grandchild.

Their logic:

The Qur’an specifies heirs clearly

No verse explicitly grants inheritance to a grandson in the presence of sons

Extending inheritance would be legal speculation

Scholarly Caution:

Imam al-Shafi‘i was deeply concerned about:

Emotional reasoning replacing textual discipline

Law becoming inconsistent across families

However, Shafi‘i jurists:

Strongly encouraged wasiyyah

Considered neglect of orphans a serious sin

Hanbali School Opinion

Position:

The Hanbali school mirrors the other three.

They emphasize:

Strict adherence to Qur’anic structure

Clear hierarchy of heirs

Rejection of “proxy inheritance”

Unique Hanbali Insight:

Hanbali scholars explicitly stated:

“The judge rules by law, but Allah judges by justice and intention.”

This means:

Courts cannot force inheritance

God may still question moral failure

Was There Any Classical Dissent?

Short Answer: No

There is:

No recorded classical Sunni scholar

No Companion opinion

No early jurist

who allowed automatic inheritance for orphaned grandchildren within the standard inheritance framework.

This consensus (ijmāʿ) is why the rule remained stable for centuries.

Then Where Did “Wasiyyah Wājibah” Come From?

This is crucial.

The concept of obligatory bequest:

Did not exist in classical fiqh

Emerged in modern legal systems

Is based on public welfare (maṣlaḥah)

Modern scholars argued:

Social structures changed

Orphans became more vulnerable

Ethical Qur’anic objectives must be protected

So:

Classical law was not rejected

It was supplemented through legislation

Did Classical Scholars Ignore Human Pain?

Absolutely not.

What they believed was:

Law must remain stable

Ethics must remain active

Families must act responsibly

They assumed:

Moral adults

Fear of God

Social accountability

What failed later was people, not the framework.

The Critical Scholarly Balance

Classical scholars maintained three lines:

Do not alter divine shares

Do not fabricate heirs

Do not neglect orphans

Modern confusion arises when people:

Obey rule #1

Ignore rule #3

Final Scholarly Conclusion

From a classical Sunni perspective:

The rule is real

The exclusion is intentional

The system is coherent

The ethics are non-negotiable

Islamic law never promised emotional comfort.

It promised justice with responsibility.

The orphaned grandchild was never meant to be ignored—

he was meant to be protected consciously, not automatically.

Disclaimer

This article reflects classical Sunni jurisprudence.

It is for educational purposes only and not a legal ruling.

For real inheritance cases:

Consult a qualified Islamic scholar

Consider local law and family structure

Written with AI